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BENGAL, AGRA AND ASSAM CIVIL COURTS ACT

Ministry of Law and Justice

Act nº 12 of 1887


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter VII
  • Act nº 12 of 1887

Preamble

THE BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887

[Act, No. 12 of 1887]

[11th March, 1887]

PREAMBLEAn Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam.

WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam; It is hereby enacted as follows:--

Chapter I

Section 1. Title, extent and commencement

(1) This Act may be called The Bengal1[Agra] and Assam Civil Courts Act, 1887.

(2) It extends to the territories2[which were on the 11th March, 1887,] respectively administered by the Lieutenant-Governor of Bengal, the Lieutenant-Governor of the North-Western Provinces and the Chief Commissioner of Assam except such portions of those territories as for the time being are not subject to the ordinary civil jurisdiction of the High Courts3[* * *]; and

(3) It shall come into force on the first day of July, 1887.

1. Substituted for the words "North-Western Provinces" by the Bengal, Agra and Assam Civil Courts ' (Amendment) Act, (16 of 1911), Section 2.

2. Substituted for the words "for the time being" by A. O. 1937.

3. The words "and except the Jhansi Division" were omitted by the United Provinces Act, 1890 (20 of 1890), Section 9.


Section 2. Repeal

1[(1)********]

(2)1[*] All Courts constituted, appointments, nominations, rules and orders made, jurisdiction and power conferred and lists published under the Bengal Civil Courts Act, 1871b or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made, conferred and published under this Act; and

(3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.

1. Sub-section (1) and the word 'But' at the beginning of sub-section (2) were repealed by the Amending Act, (12 of 1891), Section 2 and Sch. 1.


Chapter II

Section 3. Classes of Courts

There shall be the following classes of Civil Courts under this Act, namely

(1) the Court of the District Judge;

(2) the Court of the Additional Judge;

(3) the Court of the Subordinate Judge; and

(4) the Court of the Munsif.

Section 4. Number of District Judges, Subordinate Judges and Munsifs

1 [4 . Number of District Judges, Subordinate Judges and Munsifs

The State Government may alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]

1. Substituted for the original section by the Devolution Act, 1920 (38 of 1920), Section 2 and Section I.


Section 6. Vacancies among District or Subordinate Judges

(1) Whenever the office of District Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever1[an increase in the number of District or Subordinate Judges has been made under the provisions of section 4], the2[State Government or, as the case may be, the High Court] may fill up the vacancy or appoint the Additional District Judges or Subordinate Judges3[* * *].

(2) Nothing in this section shall be construed to prevent a State Government from appointing a District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions of another District Judge or Subordinate Judge, as the case may be.

1. Substituted for the words "the Governor-General in Council has sanctioned an increase of the number of District Judges or Subordinate Judges" by the Devolution Act, 1920 (38 of 1920), Section 2 and Section I.

2. Substituted for the words "Local Government" by A.O. 1937 and A.L.O. 1950.

3. The words "as the case may be" were omitted by A.O. 1937 and A.L.O. 1950.


Section 7. Vacancies among Munsifs [Repealed]

(Repealed by A. O. 1937.)

Section 8. Additional Judges

(1) Where the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the State Government may,1[having consulted] the High Court2[* * *] appoint such Additional Judges as may be requisite.

(2) Additional Judges so appointed shall discharge any of the functions of a District Judgewhich the District Judge may assign to them, and, in the discharge of those functions, they shallexercise the same powers as the District Judge.

1. Substituted for the words "upon the recommendation of by A. O. 1937.

2. The words "and with the previous sanction of the Governor-General in Council" were omitted by the Bengal, Agra and Assam Civil Courts (Amendment) Act, 1911 (16 of 1911), Section 3.


Section 9. Administrative control of Courts

Subject to the superintendence of the High Court, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.

Section 10. Temporary charge of District Court

(1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an Additional Judge is not present at that place, the senior Subordinate Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and shall continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto.

(2) While in the charge of the Office of the District Judge, the Additional Judge or Subordinate Judge, as the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of the powers of the District Judge.

Section 11. Transfer of proceedings on vacation of office of Subordinate Judge

(1) In the event of the death, resignation or removal of a Subordinate Judge, or of his being incapacitated by illness or otherwise for the performance of his duties or of his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the Subordinate Judge either to his own Court or to any Court under his administrative control competent to dispose of them.

(2) Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred;

(3) Provided that the District Judge may retransfer to the Court of the Subordinate Judge or his successor any proceedings transferred under sub-sec. (1) to his own or any other Court.

(4) For the purposes of proceedings which are not pending in the Court of the Subordinate Judge on the occurrence of an event referred to in sub-section (I), and with respect to which that Court has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.

Section 12. Temporary charge of office of Munsif [repealed]

[Repealed by A.O., 1937.]

Section 13. Power to fix local limits of jurisdiction of Courts

(1) The State Government may, by notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act.

(2) If the same local jurisdiction is assigned to two or more Subordinate Judges or to two or more Munsifs, the District Judge may assign to each of them such civil business cognizable by the Subordinate Judge or Munsif, as the case may be, as, subject to any general or special orders of the High Court, he thinks fit.

(3) When civil business arising in any local area is assigned by the District Judge under sub-section (2) to one of two or more Subordinate Judges, or to one or two or more Munsifs, a decree or order passed by the Subordinate Judge or Munsif shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area if that place is within the local limits fixed by the State Government under sub-section (1).

(4) A Judge of a Court of Small Causes appointed to be also a Subordinate Judge or Munsif is a Subordinate Judge or Munsif, as the case may be, within the meaning of this section.

(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.